HomeMy WebLinkAbout0058_5757
SECTION 9. Company, its successors and assigns, agrees
to pay and City agrees to accept, on or before the lot day of
January, 1953, and on or before the same day of each suo-
oeeding year during the life of this franchise, up to and
including the year 1977, a sum of money which shall be
equivalent to two per cent (2f) of the gross receipts received
by Company from the sale of gas to its domestic and commercial
consumers within the city limits of said City (expressly ex-
cluding, however, receipts derived from sales to industrial
and governmental users and consumers in said City) for the
preceding calendar year, which annual payment shall be for the
rights and privileges herein granted to Company, including ex-
pressly, without limitation, the right to use the streets, al-
leys and public ways of said City. And it is also expressly
agreed that the aforesaid annual payment shall be in lieu of
any and all other additional occupation taxes, easement
and franchise taxes or charges (whether levied as an ad valorem,
special or other character of tax or charge), in lieu of
municipal taxes, charges, levies, fees and rentals of whatso-
ever kind and character which City may impose or hereafter be
authorised to levy and colleot, excepting only the usual gen-
eral or special ad valorem taxes, which City is authorised to
levy and impose upon real and personal property. Should City
not have the legal power to agree that the payment of the
foregoing sums of money shall be in lieu of taxes, licenses,
fees, street or alley rentals or charges, easement or fran-
chise taxes or charges aforesaid, then City agrees that it
will apply so much of said sums of money paid as may be neces-
sary to satisfy Company s obligations, if any, to pay any such
taxes, licenses, charges, fees, rentals, easement or franchise
taxes or charges.
In order to determine the gross receipts received by Com-
pany from the sale of gas (expressly excluding the sales of
gas to industrial and governmental consumers) within the cor-
porate limits of City, Company agrees that on the same date
that payments are made as provided in the preceding paragraph
of this section 9, it will file with the City Clerk a sworn